Clermont, Florida Legal Blog

Driver's license suspensions related to DUIs

On behalf of The Law Offices of Justin Rickman posted in dui on Thursday, November 14, 2019.

When people drive in Florida, they agree to follow all the traffic laws. If they do not do so, then they could receive tickets, pay fines, and, for some violations, spend time in jail. One of these laws, of course, disallows individuals from driving while under the influence of alcohol or drugs. If an individual is charged with DUI and are ultimately convicted, then they could face the consequences mentioned above, including mandatory jail time depending on the circumstances and whether they have any prior DUIs.

Those are just some of the penalties associated with a DUI, though. Driving is considered a privilege, and that privilege can be taken away for periods of time for those convicted of DUIs. Similar to the progression seen in criminal penalties, these suspensions are longer the more DUIs a person has on their record.

3 things that can create a false positive for breathalyzers

On behalf of The Law Offices of Justin Rickman on Friday, November 1, 2019.

After a long night out with friends, driving home becomes the next imperative. You wait to sober up before you hit the road, but all the same a cop car flashes its lights and you pull over. Now while you probably didn’t expect this DUI stop, you probably know something about what’s coming next. There will be sobriety tests, notably a breathalyzer. No matter how few drinks one’s had, blowing into the mouthpiece is always a moment of dreaded anticipation.

And that dreaded anticipation makes forming a defense difficult. Many can be in the shock of the unexpected pullover and the “yes sir, no sir” etiquette of speaking with the officer. While technology has improved in breathalyzers over the years, the glowing digital display is not sacrosanct. While it might be difficult to speak up, there are plenty of reasons to challenge the reading on a breathalyzer. Don’t think of it as resistance. Because it’s not.

When self-defense is a valid defense to assault charges

On behalf of The Law Offices of Justin Rickman posted in assault and battery on Friday, November 1, 2019.

There are, unfortunately, people in Florida who resort to violence to solve their differences. There are others who use violence as a way to rob others or intimidate them for other reasons. Generally, when people do use violence against others, they could be charged with assault and battery. Being charged with assault and battery means that people could be facing serious consequences.

These consequences could include jail time, fines and other punishments, along with lengthy probationary periods. When people are charged, it does not mean that they are automatically guilty. All people have rights after being arrested and one of the most important rights is that people are innocent until proven guilty. There are potential defenses available to people, depending on the circumstances and facts of the case. For assault and battery charges, one defense is that the person was acting in self-defense.

The basic process after a probation violation

On behalf of The Law Offices of Justin Rickman posted in criminal defense on Thursday, October 17, 2019.

Many people in Florida are charged with crimes each year. There are many defenses to these crimes and people are not guilty just because they are charged with a crime. However, many people are convicted of crimes eventually. This could be for a variety of reasons, but sometimes it is better to take a plea deal instead of taking chances at trial. Part of many plea deals usually involves a period of time when people are on probation, among other penalties.

While on probation, people have a set of rules that they must follow. In addition to not committing any new crimes, they may be required to submit to drug tests, have meetings with probation officers, complete community service or other punishments. If people do not complete all their probation requirements or abide by the rules, they could commit a probation violation. If they commit a probation violation, just like when they are charged with a crime, there could be a warrant issued for their arrest.

Certain people charged with drug crimes could avoid convictions

On behalf of The Law Offices of Justin Rickman posted in drug violations on Thursday, October 3, 2019.

People in Florida start using drugs for a variety of reasons. It could be to deal with pain, as a way to relax or escape a certain situation. However, while people may never expect that they will become addicted, drugs can be highly addictive, and people can be hooked. If that occurs, it can become very difficult to quit and the addiction can lead to many problems in their life including criminal charges for possession of drugs

People who are charged with drug possession could face severe consequences, including fines and jail time, but certain people may be able to avoid a conviction through the drug offender program. This program is for people who are deemed chronic substance abusers who committed certain non-violent felony drug offenses and do not have too many prior offenses. If people qualify, the court can withhold adjudication of guilt and allow the person to avoid a conviction if they complete the drug offender program.

People may lose their vehicles for a period of time after a DUI

On behalf of The Law Offices of Justin Rickman posted in dui on Wednesday, September 18, 2019.

Driving a vehicle in Florida is considered a privilege. In order to maintain that privilege drivers must abide by a number of different traffic laws and when they do not there are consequences. The severity of the consequences depends on the severity of the offense, but one type of offense that can lead to significant consequences is a DUI. Most people know that it is illegal to drink alcohol and drive and that it can be dangerous, but that does not stop all drivers and many people are charged with DUIs each year.

The consequences for a DUI include both criminal penalties as well as consequences relating to the ability to drive. People may be aware that they will lose their driver's licenses for a period of time and may be required to have ignition interlock in their vehicles, but they can also be prohibited from driving their vehicle at all for a period of time. For a first time DUI, the vehicle must be impounded or immobilized for a period of 10 days. For a second offense that time increases to 30 days and for a third or subsequent offense people will lose their vehicle for 90 days.

Potential penalties for assault and battery convictions

On behalf of The Law Offices of Justin Rickman posted in assault and battery on Friday, September 6, 2019.

Assaults occur when people cause fear of physical harm and batteries occur when people actually physically harm another person. Assault and battery can vary in severity as well.

As assaults and batteries become more severe, the potential consequences become more severe. A simple assault is a second-degree misdemeanor and could result in up to 60 days in jail and a fine up to $500. Aggravated assaults could result in a third-degree felony, five years in jail and up to a $5,000 fine. Simple battery is a first-degree misdemeanor, which could result in up to a year in jail and a $1,000 fine. Felony battery is a third-degree charge and could result in five years in jail and up to a $5,000 fine. If a person is convicted of an aggravated battery, it is a second-degree felony and could result in 15 years in jail and a $10,000 fine.

Issues with facial recognition software

On behalf of The Law Offices of Justin Rickman on Monday, September 2, 2019.

Facial recognition software has become increasingly popular. It can be used to unlock your phone, see who is at the door and help law enforcement identify criminals. But, there are issues with the software.

People have come forward with concerns regarding privacy issues and the likelihood of misidentification.

The consequences for theft are based on amount allegedly taken

On behalf of The Law Offices of Justin Rickman posted in criminal defense on Thursday, August 22, 2019.

Throughout people's lives in Florida they find themselves in different situations based on a number of different factors. Some of these factors are within people's control and other times things change in people's lives through circumstances out of their control. Also, sometimes people try to fix a bad situation and end up creating a bigger problem which may spiral out of control. When people find themselves in these situations they may become somewhat desperate and make poor decisions.

One of these poor decisions is that they may decide to take something that is not their property. If this occurs people may be charged with theft and face serious consequences as a result. The severity of the potential consequences depends on the amount people are accused of taking.

Mother and son arrested on drug charges after winning lottery

On behalf of The Law Offices of Justin Rickman posted in drug violations on Thursday, August 8, 2019.

The chances of winning the lottery in Florida are not very high. In order to win it people need to be lucky. However, as a mother and son found out, being lucky enough to win the lottery does not necessarily mean that people will be lucky in all parts of their lives.

According to recent reports, the mother and son had come back home after redeeming a lottery ticket for $20,000 when police arrived. They allegedly found the mother and son outside of the residence smoking. The police say that the mother was holding three bags of what appeared to be drugs. The substances were tested and allegedly tested positive for heroin and fentanyl. Another woman was also inside of the home and all three people were arrested. The third person was also arrested for a probation violation.